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Still Not Suing For Asylum Delays

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Why not sue for asylum delays? Hi, I’m Jim Hacking, Immigration Lawyer, practicing law throughout the United States of our offices in St. Louis, Missouri, and San Diego, California. For those of you who know the people around our office, we have a man who worked here for five years. His name was Marwan. And Marwan took another job to lead the local chapter of the Council on American-Islamic Relations. Always glad to see Marwan, and he had us on their show the other day, and we were talking about delays. And we were talking about has life gotten back to normal at immigration land, under President Biden? And it reminded me of this question that I’ve been wanting to shoot a video about. And that is, why are you not, Jim, suing for asylum delays right now?

Now we have people who’ve been waiting for five years for their asylum interview. Five years. It’s ridiculous. It’s way, way, way, way, way too long. And it’s really ridiculous when you think about a federal agency that takes all those fees. You don’t have to apply for asylum, but that is making money hand over fist on the backs of immigrants, and they’re dragging these cases out years and years. And, of course, we file lawsuits all the time for citizenship delays, green card delays, overseas visa delays, things like that. But we stopped filing delays on asylum cases about a year ago. And the reason that we stopped filing lawsuits on asylum delays is twofold.

Number one, that if you lose your asylum case, if your case is not approved by the asylum office, then you get referred to the immigration court. That’s really uncomfortable. That’s really not fun. And that’s really something that’s going to stress you out. You think you’re stressed out waiting for an asylum decision. Wait till you end up in deportation and removal court. So we stopped doing that. And the other reason we stopped doing that is because we’ve noticed that the asylum denial rates have skyrocketed. Asylum offices around the country are denying asylum at a much higher rate, and immigration judges are denying asylum at a much higher rate.

So my question to people who call up and say, “Jim, I want to sue for an asylum delay,” is, “Are you ready to go to deportation? Do you really want to take that last shot? Why not wait?” You know, we had a great election in November, and we had a new president sworn in, in January. Why not let his people infiltrate and start to run the immigration office the way it is supposed to be run. They’ve been run by people like Donald Trump’s little Stephen Miller and the other people that he brought in to run immigration. They hate immigrants, and they declared war on immigrants, and no group was declared war upon more than asylum seekers.

And so we really think it’s not a good idea to file a lawsuit. We will not be filing lawsuits for asylum cases until we feel like President Biden’s team has really gotten into immigration and fixed things at the asylum office. With denial rates staying as high as they are, 80% of cases are being denied, and some judges have a denial rate for asylum cases of 90, 95%. It’s not a good time to be running into court and asking a judge to compel them to decide your asylum case. We want things to settle down. We want things to return to normal. So once that happens, then we will start filing lawsuits again for asylum delay.

So, hope this helps. And if you think you have a slam dunk case, the last case that we filed, the guy convinced me, he talked me into filing a lawsuit. And I told him, “You know, there’s no guarantee. I’m not sure this is going to work.” He said, “Oh, Jim, I will definitely win.” And, of course, he got referred to the immigration court. So we’re done with that for now. We’re not going to be filing any asylum delay lawsuits until we feel it’s safe for our clients to get a fair shake. And that’s all we’re asking for is just a fair shake. Right now, things are skewed so far against the immigrant that we just can’t, in good conscience, try to file a lawsuit for an asylum delay.

If you have questions about this, give us a call at 314-961-8200. You can email us at info@hackinglawpractice.com. Be sure to join us in our Facebook group, which is called Immigrant Home. If you like this video, we ask that you please share it out on social and that you subscribe to our YouTube channel so that you get updates whenever we make videos, just like this one. Every Tuesday and Thursday, usually at noon central time, you’ll find me in our YouTube channel and on our Facebook group answering as many of your immigration-related questions as possible. Thanks a lot, and have a great day.

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